Update: Changes to Sexual Harassment Laws in Both New York City and State

By Ashley Morin |   May. 17, 2018

In response to the #MeToo movement New York State and New York City have both passed sweeping legislation regarding sexual harassment in the work place.

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Topics : sexual harassment, sexual harassment in the workplace, workplace sexual harassment | 0 Comments Read More

“I Hired That Individual Through a Staffing Agency, Are They My Employee or Not?”

By Tracy Armstrong |   May. 15, 2018

The National Labor Relations Board is grappling with the scope of the joint employer doctrine.  The doctrine holds that an individual working in a single role can be simultaneously/jointly employed by more than one employer.  For example, an employee working at a location for a restaurant that is a national franchise may be considered an employee of both the restaurant where they work and the franchisor. Additionally, subcontractors could be considered employees of not only the company they work for but the employer, where they work on a daily basis, that controls their working environment.

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Topics : joint employer relationship, joint employment relationships, joint employer | 0 Comments Read More

EMPLOYMENT LAW UPDATE: Are Your Independent Contractors Really Independent?

By Tracy Armstrong |   May. 14, 2018

On May 3, Governor Murphy signed an executive order starting a task force to investigate the misclassification of employees as independent contractors.

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Topics : independent contractors, abc test for independent contractors, independent contractors vs employees | 0 Comments Read More

A Follow-Up on "What to Do When Your Employee Trashes Your Company on Social Media."  A Cautionary Tale or Two.

By Tracy Armstrong |   May. 9, 2018

One of your employees posts on social media that you are a “nasty mother F—er don’t know how to talk to people!!!!!!  F—k his mother and his entire f—ing family!!!!  What a LOSER!!!!  Vote YES for the UNION!!!!!!”  Your reaction would be to terminate the employee, right? Not so fast…  As an employer, you must closely examine the content of the employee’s post to determine whether it meets the test to be considered protected “concerted activity“ under the National Labor Relations Act (NLRA).  The National Labor Relations Board (Board) has established the following factors for this review:

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Topics : Social Media, employers social media policy, employer restricts social media, can employers restrict employee social media, employee social media dos, employee social media donts, social media policy, social media dos and donts, dos and donts of social media, employee social media policy, social media policy restrictions, trash talk | 0 Comments Read More

A New Type of Claim Under The New Jersey Law Against Discrimination: Equal Pay Violations

By Stephanie D. Gironda |   May. 7, 2018

On April 24, 2016, the New Jersey Law Against Discrimination (“NJLAD”) was amended to include a provision specifically addressing the issue of equal pay among employees who have similar types of jobs.  The amendment, entitled the Diane B. Allen Equal Pay Act (“Equal Pay Act”) will go into effect on July 1, 2018.

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